IN THE MATTER OF CHARLES BUXTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 11-00841
Slip Opinion No: 2011 NY Slip Op 71884(U)
Decided on May 4, 2011
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


May 4, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00841
(INDEX NO. 21,034-10)

IN THE MATTER OF CHARLES BUXTON, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person, assignment of counsel, and other relief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 16, 2011,

Now, upon reading and filing the affidavit of Charles Buxton sworn to April 13, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and the motion is otherwise denied, and

It is further ORDERED that the Clerk of the County of Wyoming is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Memorandum: Assignment of counsel is not available.

Entered: May 4, 2011

Patricia L. Morgan, Clerk